Common use of Certain Constructions Clause in Contracts

Certain Constructions. For purposes of Section 9.01, references to the Most Subordinate Class of Certificates as defined in Section 1.01 (or REMIC II Regular Interests) outstanding at any time shall mean the most or next most subordinate Class of Certificates (or REMIC II Regular Interests) then outstanding as among the Class A1, Class A2, Class A3, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K and Class L Certificates (and the Classes of Corresponding REMIC II Regular Interests). For such purposes, the Class A1, Class A2 and Class A3 Certificates (and the Classes of Corresponding REMIC II Regular Interests) together shall be considered to be one Class. For purposes of this Agreement (except as specifically provided in the definition of "Certificateholder"), each Class of Certificates shall be deemed to be outstanding only to the extent its respective Class Balance has not been reduced to zero. For purposes of this Agreement, the Class X Certificates shall be deemed to be outstanding until their Notional Amount has been reduced to zero.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Icifc Secured Assets Corp), Pooling and Servicing Agreement (Amresco Commercial Mortgage Funding I Corp)

Certain Constructions. For purposes of Section 9.013.10, Section 3.23, Section 3.26 and Section 4.6(c), references to the Most Subordinate most or next most subordinate Class of Certificates as defined in Section 1.01 (or REMIC II Regular Interests) outstanding at any time shall mean the most or next most subordinate Class of Certificates (or REMIC II Regular Interests) then outstanding as among the Class A1, Class A2, Class A3A, Class B, Class C, [Class D[EC], Class E, Class F, Class G, Class H, Class J, Class K [PO] and Class L [IO]] Certificates [(and the Classes of Corresponding REMIC II Regular Interests). For such purposes, the Class A1, Class A2 [PO] and Class A3 [IO] Certificates (and the Classes of Corresponding REMIC II Regular Interests) together shall be considered to be one Class. For purposes )], and references to the next most subordinate Class of Lower-Tier Regular Interests outstanding at any time shall mean the most or next most subordinate Class of Lower-Tier Regular Interests then outstanding as among the Class A-L, Class B-L, Class C-▇ and Class [PO] interests, subject in each case to the rules of construction set forth in the following sentences of this Agreement (except as specifically provided in the definition of "Certificateholder"), each Section 1.3. Each Class of Certificates Certificates, shall be deemed to be outstanding only to the extent its respective Certificate Balance has not been reduced to zero [or, with respect to the Class [EC] Certificates, to the extent that the EC Maturity Date has not occurred] [or with respect to the Class [IO] Certificates, to the extent the Class [IO] Notional Balance has not been reduced to zero]. For purposes Unless the context clearly indicates otherwise, references to section numbers are to sections of this Agreement, the Class X Certificates shall be deemed to be outstanding until their Notional Amount has been reduced to zero.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Commercial Mortgage Acceptance Corp)

Certain Constructions. For purposes of the definition of "Special Servicing Fee", Section 9.013.19, Section 3.12, Section 3.25, Section 3.30 and Section 4.06(d), references to the Most Subordinate most or next most subordinate Class of Certificates as defined in Section 1.01 (or REMIC II Regular Interests) outstanding at any time shall mean the most or next most subordinate Class of Certificates (or REMIC II Regular Interests) then outstanding as among the Class A1▇-▇, ▇▇▇▇▇ ▇-▇, Class A2, Class A3X, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K and Class L Certificates (and the Classes of Corresponding REMIC II Regular Interests)Certificates. For such purposes, the Class A1A-1, Class A2 A-2 and Class A3 X Certificates (and the Classes of Corresponding REMIC II Regular Interests) together collectively shall be considered to be one Class. For purposes of this Agreement (except as specifically provided in the definition of "Certificateholder")Agreement, each Class of Certificates other than the Class Q-l, Class Q-2, Class LR, Class MR and Class R Certificates shall be deemed to be outstanding only to the extent its respective Class Certificate Balance has not been reduced to zero. For purposes of this Agreement, the Class Q-1, Class Q-2, Class R, Class MR and Class LR Certificates shall be outstanding so long as the Trust Fund has not been terminated pursuant to Section 9.01 or any other Class of Certificates remains outstanding. For purposes of this Agreement, the Class X Certificates (and each Class X Component) shall be deemed to be outstanding until their Notional Amount Balance (or portion thereof allocable to such Class X Component) has been reduced to zero.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Mortgage & Asset Receiving Corp)

Certain Constructions. For purposes of Section 9.01this Agreement, references to the Most Subordinate most or next most subordinate Class of Certificates as defined in Section 1.01 (or REMIC II Regular Interests) outstanding at any time shall mean the most or next most subordinate Class of Certificates (or REMIC II Regular Interests) then outstanding as among the Class A1[A], Class A2[X-A], Class A3[EC,] Class [X-B], Class [B], Class [C], Class [D], Class [E], Class [F, Class G, Class H, Class J, Class K ] and Class L [G] Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class [A] Certificates (and are the only Classes of Corresponding REMIC II Regular Interests). For such purposesSequential Pay Certificates outstanding, the Class A1, Class A2 and Class A3 [A] Certificates (and the Classes Class [X] Certificates together will be treated as the most subordinate Class of Corresponding REMIC II Regular Interests) together shall be considered to be one ClassCertificates. For purposes of this Agreement (except as specifically provided in the definition of "Certificateholder")Agreement, each Class of Regular Certificates shall be deemed to be outstanding only to the extent its respective Class Balance Certificate Principal Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement, the Class X [R] Certificates shall be deemed to be outstanding until their Notional Amount has so long as the Trust REMICs have not been reduced terminated pursuant to zeroSection 9.01 of this Agreement.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (RBS Commercial Funding Inc.)